Mr. Speaker, I will provide some background to remind people of the status of Bill C-13. The intent of the bill to amend the Criminal Code, criminal procedure, language of the accused, sentencing and other amendments, is to further modernize the criminal justice system and make it more efficient and effective. Some of the amendments make certain processes more effective through the greater use of technology and by consolidating and rationalizing existing provisions.
This is a general administration bill. It corrects a lot of minor changes to the code. There are some substantive changes to the Criminal Code of Canada, but it makes a lot of updated and needed suggestions.
At the outset, I support the bill. I have some strong feelings about certain parts of it that I want to speak to and also some important opening remarks on process.
I give credit to the government for bringing forward a bill to make these corrections. It is ironic, however, while it acknowledges that the criminal justice system and the Criminal Code need amendments from time to time, either for modernization or things that have been put in incorrectly, it does it at a time when not that long ago it stopped the funding for the court challenges program.
The court challenges program was used in a number of cases to help protect the rights of people and helped lead to some of the amendments in this bill. Someone on the government side at the time asked, “Why would we fund a program to challenge our own laws”, as if they are always perfect and the Government of Canada, whichever party is in power, never makes mistakes. Now we have proof opposite.
We have a bill that would correct a number errors or would at least improve a number of items in the Criminal Code. It is proof right there that it was a mistake to cancel the court challenges program, which was specifically to help protect the rights of people who could not afford to protect themselves.
Once again, I give credit to the government for bringing forward a bill to improve the criminal justice system and the Criminal Code, with a number of improvements, proving that there need to be changes from time to time. Yet it is ironic that at the same it dismantled the Law Commission of Canada, which was there for the very purpose of reviewing the Criminal Code and criminal justice system as a non-partisan body of experts and to give us recommendations as to how to make the improvements.
It is ironic that the government is bringing forward numerous improvements. We all acknowledge in the House, and I think we are all supportive of it, that these improvements are needed, yet at the same time the government is taking away expert, time proven mechanisms to come up with those types of improvements in the future so we can keep making them.
I will comment briefly too on something that was said during the previous debate on the bill. There was a suggestion by a member that the opposition parties were less effective in keeping our streets safe, which is totally untrue. It was proven time and time again by the expert witnesses that the provisions brought forward by the current government to make streets safe had been proven not to work in the past and in some conditions would make Canada less safe.
The opposition pointed out that a vast majority of criminals reoffended and that none of the provisions the government originally proposed would help make Canada's streets safer. In fact, people were remaining in the universities of the jail longer so they learn how to be more effective criminals and, in a modern changing society, were kept away from any rehabilitation, any chance of reintegrating in society in a safe way.
Therefore, the opposition has been fighting for programs that would do exactly that, with rehabilitative types of sentences that would be more appropriate, expanding the jurisdictions of judges as opposed to limiting them, which the government was doing, and ultimately making our streets safer.
I want to go through a number of specific items about which I feel strongly. I am going to go through them first as opposed to going through all the items in the bill because I will never get through it in my 30 minutes. Because it is such a large bill with so many amendments. I will talk about some of the ones that I am particularly supportive of and think are important.
The first one is the amendment that updates the $2,000 default maximum fine for so-called summary conviction offences. At present this amount is the maximum monetary penalty that can be imposed for a summary conviction offence where no other maximum amount is provided for in a federal statute. This amount has remained the same since 1985. The bill would raise the current maximum from $2,000 to $10,000, by increasing the maximum amount for summary conviction offences, when it would be deemed that the monetary penalty would be an appropriate sentence.
It is 20 years since this has been changed. We have to keep up with the times to ensure the penalty is severe in today's dollars, but more important, we do not want to take away the jurisdiction of the judges to choose the summary conviction route in cases where they can proceed by summary or by indictment. That could clog up the courts longer. They are already clogged up. We just finished the debate on appointing more judges because of the backlog. When it is more appropriate to proceed by summary, we would want a judge or a prosecutor to do that, but they cannot do it if the fine is so low as to not be significantly punitive.
The second amendment, and it is a very serious and excellent one, relates to prisoners contacting witnesses or victims. I am sure anyone who deals with agencies that work with women or with victims' protection agencies will know that a prisoner can have a devastating effect on a person's life from within prison. It is easy to get messages and contacts out, particularly to women who are afraid to start with and have been terrorized and abused.
The criminal code currently provides for no contact orders at various stages of the judicial process. A judge may impose such an order when an accused is released on bail, is held on remand or when the offender is under a probation order. However, the criminal code does not currently provide for such an order to be imposed on an offender when he or she is serving the custodial portion of his or her sentence.
The existing measures in correctional institutions regarding unwanted communications from inmates are generally effective and in such situations, where procedures exist, are addressed on a case by case basis. The amendment grants the sentencing courts an additional means to protect victims and other identified persons from undesirable communications by permitting the imposition of a non-contact order on offenders while they are serving their jail term.
A breach of such a non-contact order would be punishable by a maximum of two years imprisonment. Therefore, it not only prohibits prisoners from trying to make contact with victims or witnesses and trying to terrorize people further, but it also provides a penalty for doing that.
The next area I want to talk about shows how we have to modernize the justice system related to technology improvements. The world changes and there are several amendments in this omnibus administrative bill to make updates for technological changes. This amendment will serve to clarify the application of impaired driving penalties as they pertain to offenders or to participate in a provincial or territorial alcohol ignition interlock device program.
A number of provinces, Alberta and Quebec if I remember, offer these programs now. They enable offenders, who have been prohibited by a sentencing court from driving for a specified period, to operate a vehicle if the vehicle is equipped with an alcohol ignition interlock device, but only after the expiry of the minimum probation period provided under the Criminal Code.
In order to tighten up the application of this provision, the amendment clarifies that offenders are only authorized to drive during the prohibition period if they are registered in an alcohol ignition interlock device program and if they comply with the terms and conditions of the program. Obviously, they would have to be registered and they have to be following the rules of that program.
The next amendment will once again, as the bill we just passed, try to help reduce the waiting list in the justice system and the backlog. As we all know, justice delayed is justice denied. We want to get on with things and this amendment gives more options to the accused to assist in avoiding unnecessary jury trials when the accused prefers to be tried by a judge alone. Additional procedures would clarify the cases of summary convictions trials which involve multiple defendants. The court may continue the proceedings against all of them even when one of the co-defendants fails to attend.
The next area I want to talk about is one I am particularly pleased with as I am sure my Liberal Party colleagues from Quebec will be as well and from other areas of Canada where French is spoken or a person has French as a first language. It is to ensure that people have the right to have trials and procedures in their own language, in their mother tongue, whether it be French or English is guaranteed.
These rights are an example of the advancement of the language rights through legislative means as provided in subsection 16.(3) of the Charter of Rights and Freedoms and have been in force in Canada since January 1, 1990. However, since the coming into force of these provisions studies and public consultations have demonstrated that these language rights are often misunderstood by accused persons, the bar, crown prosecutors and judges.
This situation may well result in some accused not invoking their rights in a timely fashion, thus presenting a barrier to full exercise and implementation of these rights as well as creating additional difficulties in costs for the justice system. In turn, such misunderstandings led the courts to identify certain shortcomings and to issue rulings that do not correspond with the intent of existing provisions.
The amendments proposed in Bill C-13 would clearly set out the full extent of these rights and would assist in better implementing the language requirements in the Criminal Code and rectifying some of the shortcomings identified in various studies and by the courts, noticeably by the Supreme Court of Canada in R. v. Beaulac in 1999.
These amendments also bring greater clarity to the provisions thus ensuring greater efficiency through the criminal justice process. These amendments would also provide solutions and improvements to respond to a study by the Commissioner of Official Languages entitled “The Equitable Use of English and French Before the Courts in Canada — November 1995”.
In the study the Commissioner of Official Languages identified a number of barriers to the exercise of the language rights of the accused persons. The commissioner recommended that all accused be better informed of the right to a trial in official languages of their choice. The commissioner also indicated that there appeared to be little logic in providing a trial in the language of the accused while failing to provide the accused with a version of the originating documents leading to the trial in the language of the accused as well. I am going to come back to that item in a second.
Finally, the commissioner identified a number of practical issues that arise in the context of bilingual trials which have led to contradictory approaches in court decisions. The amendments proposed here address many of these concerns. For example, the amendments to the language rights provisions would heed the advice given by the Supreme Court of Canada in the Beaulac decision by requiring the court to inform all accused persons of their right to be tried in their official language whether they are represented or not. It used to be if they were represented, they did not have to be.
The amendments also follow the court decisions requiring that the charging document be written in the language of the accused upon request. This appears to be a necessary complement to the accused exercising their language rights. The proposed amendments would standardize existing practice in that regard and would ensure that the wording of the Criminal Code more accurately reflects the state of the law.
In relation to preparing the indictment documents, an amendment was made in committee indicating that the defendant may have those documents drawn up in their mother tongue if they request it. The point I was trying to make in committee was that it should be done automatically. These indictment documents are only a couple of pages long and these situations do not occur often in Canada. We probably translate more in 60 seconds here in Ottawa, so it would have been very easy to do. In my estimation, if the trial is going to be held in French, then obviously the indictment forms should be in French without the accused even asking.
Unfortunately, that amendment was voted down in committee much to my consternation because it would have cost the provinces too much money. The amount of translation is infinitesimal.
I also would like to compliment another part of the bill and that is the part dealing with the increase in the fine for summary offences from $2,000 to $10,000. I have already briefly mentioned this. With this increase, we are giving a judge more discretion, which virtually contradicts almost every other justice initiative that we have had before us in this Parliament and which the opposition has fought strenuously against.
Judges try to come up with the best solutions. They hear all the evidence. There are different sentences and different types of treatments. The broader the judge's discretion, the better for each accused and obviously much better for society. In a court system that has in some ways failed for 1,000 years with criminals reoffending, this at least gives a broader range of remedies that might actually reduce the chance of recidivism. Obviously, that is not going to occur if we limit a judge's options for sentencing.
I was hoping to go through all the items in the bill, but I only have two minutes left, so I will go through two other items that I think are important.
At the present time possessing break and enter instruments is an indictable offence whereas break and enter is a mixed offence, either summary or indictment. These two crimes go together because an individual has the tools to break and enter and then proceeds to break and enter. It makes a lot more sense to allow a prosecutor to proceed by way of summary or indictment because then both crimes can be dealt with during the same trial.
The final point that I wanted to make concerns another excellent change that fits with the philosophy that the opposition has been trying to get across. It is with regard to the power to delay sentencing proceedings so an offender can participate in an approved provincial or territorial treatment program. This is an important step and a modernizing step. It follows the direction that we want to take. If someone reoffends, we are allowing them time to receive treatment. We are dealing with the root cause of the problem, so there will be no chance of recidivism.
The court has made a wise decision to try to deal with the problem rather than postpone it for the length of the jail term when the person is released and revictimizes. For all these reasons, I am in support of the bill and I will be voting for it enthusiastically.